Search results for 'Philosophy of Law' (try it on Scholar)

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  1. Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.score: 732.0
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  2. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.score: 702.0
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading (...)
     
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  3. John Arthur Passmore (1961). Hägerström's Philosophy of Law. Philosophy 36 (137):143 - 160.score: 675.0
    In what it will be convenient to call “the Scandinavian school”; of jurisprudence, Hagerstrom is clearly the master. But his leadership is of a somewhat special kind. For all that he wrote a large book on Roman law, Hägerström was trained as, and continued to be, a philosopher, not a jurisprudentialist or a sociologist. His essays on law and morals are ancillary to his main purpose: to destroy transcendental metaphysics. The epigraphhe chose to head his contribution to Die Philosophic der (...)
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  4. Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.score: 642.0
    Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.
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  5. Deborah Cao (2011). Visibility and Invisibility of Animals in Traditional Chinese Philosophy and Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 24 (3):351-367.score: 630.0
    There is yet to be any animal welfare or protection law for domestic animals in China, one of the few countries in the world today that do not have such laws. However, in Chinese imperial law, there were legal provisions adopted more than a 1,000 years ago for the care and treatment of domestic working animals. Furthermore, in traditional Chinese philosophy, animals were regarded as constituent part of the organic whole of the cosmos by ancient Chinese philosophers who saw (...)
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  6. Dennis M. Patterson (ed.) (1996). A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 621.0
    The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...
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  7. Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.score: 612.0
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, controversial, (...)
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  8. Lennart Åqvist (2008). Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach. Theoria 74 (4):271-294.score: 612.0
    The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by (...)
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  9. John Finnis (2011). Philosophy of Law. Oxford University Press.score: 612.0
    This volume of his Collected Essays shows the full range and power of his contributions to the philosophy of law.
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  10. Jules L. Coleman (ed.) (1999). Readings in the Philosophy of Law. Garland Pub..score: 612.0
    An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it (...)
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  11. Mark Tebbit (2005). Philosophy of Law: An Introduction. Routledge.score: 612.0
    Philosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law, assuming no prior knowledge of either subject. The book is structured around the key issues and themes in philosophy of law: * What is the law? - the major legal theories including realism, positivism and natural law * The reach of the law - authority, rights, liberty, privacy and tolerance * Criminal responsibility and punishment - legal defenses, crime, diminished responsibility and (...)
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  12. Larry May & Jeff Brown (eds.) (2010). Philosophy of Law: Classic and Contemporary Readings. Wiley-Blackwell.score: 612.0
    Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : (...)
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  13. Brian Bix (ed.) (2006). Philosophy of Law. Routledge.score: 612.0
    Edited by a leading scholar in the field, Philosophy of Law is a new title in the Routledge Major Works series Critical Concepts in Philosophy . It is a four-volume collection of canonical and cutting-edge research and covers a significant range of topics in the field. The first two volumes of the collection are devoted primarily to analytical legal theory—in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential (...)
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  14. Andrei Marmor (ed.) (2011). The Routledge Companion to Philosophy of Law. Routledge.score: 612.0
    The entirely new content has been written specifically for newcomers to the field, making the volume particularly useful for undergraduate and graduate courses in philosophy of law and related areas.
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  15. John Finnis (2011). Philosophy of Law: Collected Essays Volume Iv. Oup Oxford.score: 612.0
    John Finnis has been a central figure in the development of legal philosophy over the past half-century. This volume of his Collected Essays shows the full range and power of his contributions to core problems in the philosophy of law: the foundations of law's authority; legal reasoning; constitutional theory; and the logic of law-making.
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  16. Jefferson White (ed.) (1999). Introduction to the Philosophy of Law: Readings and Cases. Oxford University Press.score: 612.0
    Introduction to the Philosophy of Law: Readings and Cases employs a combination of case-based and theory-based materials to show novices in the field how the philosophy of law is related to concrete and actual legal practice. Ideal for undergraduates, it engages their curiosity about the law without sacrificing philosophical content. The authors emphasize a command of legal concepts and doctrine as a prelude to philosophical analysis. Designed to acquaint students with the fundamentals of jurisprudence and legal theory, Part (...)
     
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  17. Panu Minkkinen (1999). Thinking Without Desire: A First Philosophy of Law. Hart Pub..score: 609.0
    The response developed in this book is the creation of a metaphysical understanding of law or, in other words, what Aristotle called a 'first philosophy'.
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  18. Raymond Wacks (2006). Philosophy of Law: A Very Short Introduction. Oxford University Press.score: 609.0
    This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring (...)
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  19. Ronald Dworkin (ed.) (1977). The Philosophy of Law. Oxford University Press.score: 609.0
    Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.
     
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  20. Alison Ross (2009). What is the Force of Law in Kant's Practical Philosophy? Parallax 51 (1):27-41.score: 609.0
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  21. Patricia Smith (ed.) (1993). The Nature and Process of Law: An Introduction to Legal Philosophy. Oxford University Press.score: 597.0
    Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and (...). The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process. (shrink)
     
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  22. Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.score: 594.0
    The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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  23. John Keown & Robert P. George (eds.) (2013). Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press.score: 594.0
    John Finnis is a pre-eminent legal, moral and political philosopher. This volume contains over 25 essays by leading international scholars of philosophy and law who critically engage with issues at the heart of Finnis's work.
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  24. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.score: 594.0
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose research (...)
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  25. Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.score: 588.0
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions are the "same" (...)
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  26. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.score: 588.0
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...)
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  27. Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.score: 588.0
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant broke with (...)
     
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  28. Naomi Choi (2007). Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law? Journal of the Philosophy of History 1 (3):365-393.score: 582.0
    To answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account (...)
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  29. Mark Greenberg (2011). Naturalism in Epistemology and the Philosophy of Law. Law and Philosophy 30 (4):419-451.score: 576.0
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and (...)
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  30. Kimberley Brownlee (2004). Book Review: The Oxford Handbook of Jurisprudence and Philosophy of Law. [REVIEW] Journal of Moral Philosophy 1 (2):229-231.score: 576.0
    The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for anyone working in legal theory and of interest to legal scholars generally, philosophers, and legal (...)
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  31. F. O. C. Njoku (2013). A Theoretical Foundation for Understanding Law Subjects and Rights in Igbo Philosophy of Law. Open Journal of Philosophy 3 (1):255.score: 576.0
    This paper attempts to respond to a call to find an ontological basis for establishing African legal theory. The African world of my choice is the Igbo world of South-east Nigeria. It is a world I want to examine to see how its material and theoretical structures help articulate a philosophy of law in terms of projecting a consistent understanding of law subjects and the foundations of their rights. The article builds on the contributions of F. U. Okafor and (...)
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  32. Leslie Green & Brian Leiter (eds.) (2011). Oxford Studies in Philosophy of Law. Oxford University Press.score: 564.0
    The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific ...
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  33. Zygmunt Ziembiński (ed.) (1987). Polish Contributions to the Theory and Philosophy of Law. Rodopi.score: 564.0
    EDITORS INTRODUCTION The present volume includes a series of papers dealing with the main methodological problems of general study of law as discussed in ...
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  34. John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.score: 564.0
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law of (...)
     
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  35. Thom Brooks (ed.) (2012). Hegel's Philosophy of Right: Essays on Ethics, Politics, and Law. Wiley-Blackwell.score: 561.0
    The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections ...
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  36. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.score: 561.0
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  37. Kenneth Einar Himma, Philosophy of Law. Internet Encyclopedia of Philosophy.score: 558.0
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  38. Danny Priel (2008). The Boundaries of Law and the Purpose of Legal Philosophy. Law and Philosophy 27 (6):643 - 695.score: 558.0
    Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...)
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  39. Christopher B. Gray (ed.) (1999). The Philosophy of Law: An Encyclopedia. Garland Pub..score: 558.0
    For the first time, full coverage of the intersections of philosophy and law From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophicolegal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: *The modes (...)
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  40. Roscoe Pound (1922/2003). An Introduction to the Philosophy of Law. Lawbook Exchange.score: 558.0
    " William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.
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  41. Mark C. Murphy (2007). Philosophy of Law. Blackwell Pub..score: 558.0
    The Philosophy of Law is a broad-reaching text that guides readers through the basic analytical and normative issues in the field, highlighting key historical and contemporary thinkers and offering a unified treatment of the various issues in the philosophy of law. Enlivened with numerous, everyday examples to illustrate various concepts of law. Employs the idea of three central commonplaces about law - that law is a social matter, that law is authoritative, and that law is for the common (...)
     
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  42. William Lucy (2007). Philosophy of Private Law. Oxford University Press.score: 555.0
    In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
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  43. David Lyons (1991). In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law. Oxford University Press.score: 549.0
    Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First published in 1973, (...)
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  44. Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.score: 549.0
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...)
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  45. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.score: 543.0
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  46. Elliot N. Dorff (2007). For the Love of God and People: A Philosophy of Jewish Law. The Jewish Publication Society.score: 543.0
    Bringing the topic down to earth -- The body of Jewish law : how Jewish law resembles other legal systems -- The covenantal soul of Jewish law : how Jewish law is unique -- Motivations to live by Jewish law -- Continuity and change in Jewish law -- The relationship of Jewish law to morality and theology -- Jewish law and custom -- Comparisons to the right and the left -- Applications of my theory of Jewish law to specific cases.
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  47. Volodymyr Kuznetsov (ed.) (2003). The Philosophy of Law. History and Modernity. Stylos.score: 540.0
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, (...)
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  48. Mark Greenberg, Naturalism and Normativity in the Philosophy of Law.score: 540.0
    In this paper, I criticize an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the “naturalization of epistemology.” Quine argued that we should replace certain traditional philosophical inquiries into the justification of our beliefs with empirical psychological inquiry into how we actually form beliefs. In a prominent series of papers and a forthcoming book, Brian (...)
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  49. William A. Edmundson, Comments on Coherence Theory in the Philosophy of Law.score: 540.0
    Coherentism, in philosophy generally, is of either an epistemological or a metaphysical type. The epistemological type responds to worries about foundationalism that have no serious counterpart within the philosophy of law. The metaphysical type is implausible generally, but has been put to use within the philosophy of law - by Ronald Dworkin in particular - to close up "gaps" in the law that provide an opening for purportedly worrisome exercises of judicial discretion. These remarks conclude with the (...)
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  50. Lawrence B. Solum, Legal Theory Lexicon: Legal Theory, Jurisprudence, and the Philosophy of Law.score: 540.0
    The Legal Theory Lexicon series usually explicates some concept in legal theory, jurisprudence, or philosophy of law. But what are those fields and how do they relate to each other? Is "jurisprudence" a synonym for "philosophy of law" or are these two overlapping but distinct fields? Is "legal theory" broader or narrower than jurisprudence? And why should we care about this terminology? As always, this entry in the Legal Theory Lexicon series is aimed at law students, especially first-year (...)
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